Dead man sentenced to 3-month rigorous imprisonment

August 28, 2016

Bengaluru, Aug 28: A division bench of the High Court has recalled an earlier order sentencing a dead man to undergo rigorous imprisonment of three months. The recall order came on August 16, 2016, six years after the court had passed the earlier judgement on July 28, 2010.vilang

The information that the accused was dead was not presented to the court when it passed the order in 2010. In its latest order, the court said: "It is a settled position in law that a judgement or an order passed against a dead person is a nullity in law."

Justice to the accused Swamygowda came after 18 years. The original case was against Swamygowda and Basavaraju in 1999. They were charged with attempt to murder, culpable homicide and voluntarily causing grievous hurt. In 2004, the trial court found them not guilty on the first two grounds but convicted them on the last count, sentencing Swamygowda to pay a fine of Rs 5,000 and Basavaraj to pay a fine of Rs 3,000.

The prosecution appealed to the HC in 2004 seeking enhancement of the sentence of the two. In 2010, the HC modified the sentence and ordered that both should undergo rigorous imprisonment for a period of three months and also pay a fine of Rs 50,000 each.

However, the HC was not informed that Swamygowda had died on March 22, 2008, when the appeal was still pending. The issue came to light that a dead man was sentenced to imprisonment after Swamygowda's wife filed an application earlier this year to recall the 2010 judgement against her husband.

The public prosecutor appearing for the State opposed the recall of the judgement sentencing Swamygowda, submitting that "the Court has no power to alter or review the judgement or final order disposing of a case, after it is signed, except to correct a clerical or arithmetical error."

In its latest judgement recalling the earlier order, the HC said: "the death was not brought to the notice of this Court at the time of disposal of the appeals". As the order against Swamygowda is nullified, the court said it was being recalled. "As this Court had disposed of the appeals without noticing the death of the respondent No.1-Swamygowda, the common judgement dated 28.07.2010 rendered in these appeals as against respondent No.1 is a nullity, and in view of Section 294 of Cr.PC, it requires to be recalled."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 5,2020

Jun 5: A young woman was forced to drink liquor allegedly by her husband after which he along with four friends assaulted, burnt her with cigarette butts and raped her in front of her five year-old son, police said on Friday.

All the five, who were taken into custody earlier, have been arrested. The shocking incident occurred in the state capital last night.

The incident came to light after the 25-year-old woman, approached police and complained against her husband and his four friends.

A case has been registered against the five accused for kidnapping, assaulting and gangrape.

Since the incident took place in front of the child, a case under Protection of children from sexual offices Act has also been charged against the accused.

Meanwhile, State health and family welfare minister K K Shailaja asked the state police chief to take stringentction against the culprits as "such cruelty happened in front of her child."

The Kerala State Women's Commission on its own registered a case and sought report from the Thiruvananthapuram Rural SP.

She managed to escape from there and pleaded for help from a young man, who saw in heran inebriatedstate, and took her to her house and informed police.

The man later told some television channels that she was crying, had injuries on her face and pleaded for help.

Police have recorded the statement of the woman, who was admitted to a government hospital here and later discharged.

She had also stated that the men had tortured her using cigarette butts.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 28,2020

Nagpur, Jan 28: A 19-year-old woman was allegedly raped and an iron rod was inserted in her private parts by a man in the Pardi area here, police said on Monday.

The gruesome incident took place on January 21 and the accused, Yogilal Rahangdale (52), was arrested from Gondia district, they said.

The accused was working as a supervisor in a spinning mill where the woman was employed as a labourer, the police said.

The woman, her brother, the accused and another girl lived in rented accommodations in Pardi.

Inspector Sunil Chavan of the Pardi police station said that the woman's brother and her female friend had gone to their village on January 21 for some work.

As the woman was alone at home, Rahangdale attempted to rape her in the night. When she resisted, he stuffed a piece of cloth in her mouth, he said.

When she fell unconscious, the accused raped her and inserted an iron rod in her private parts, Chavan said, quoting from the complaint filed by the victim.

She narrated the incident to her brother on January 24 and they subsequently lodged a complaint with the police.

An offence was registered against the accused at the Pardi police station.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 21,2020

Tengnoupal, Jan 21: A woman IPS officer has alleged that a rifleman of Assam Rifles physically assaulted and molested her at a check post near Moreh town in Manipur's Tengnoupal district, police said on Tuesday.

Based on a written complaint of the IPS officer, an FIR has been registered against rifleman P K Pandey and a summon has been issued to him to appear before the concerned police station, the police said.

Manipur DGP L M Khaute told reporters on Monday, "We have made contacts with the Assam Rifles authorities. A complaint has been lodged by the officer." In her complaint, the IPS officer said that on reaching Khudengtabi check post on Sunday afternoon one of her escorts, who was not in uniform, told the frisking party of Assam Rifles to register their entry.

Despite showing their identity cards, the rifleman allegedly detained them, she said.

"We offered to search ourselves and the vehicle, but he was not interested", she said.

The rifleman began hitting the official vehicle and "misbehaved, humiliated, harassed and assaulted me and my escort personnel," she alleged.

The IPS officer also alleged that the rifleman molested her and when her escorts tried to intervene, he thrashed them.

She further accused the rifleman of making "sexually coloured" remarks against her, using abusive language and even tried to snatch her phone when she tried to call her senior officers.

The issue was brought under control after the matter was reported to the Brigadier of 26th Assam Rifles and the Major of the D-company of 12th AR, police said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.